Font Size: a A A

On Constitutional Control Of Administrative Private Behavior

Posted on:2008-08-22Degree:MasterType:Thesis
Country:ChinaCandidate:H W ChenFull Text:PDF
GTID:2166360218958019Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
For more than twenty years of reformation of china market economics, the concern of the privatization of the administrative tasks is mounting more and more in the Chinese juridical field, the relatively research has been rare; only the simple introduction of the relevant administrative law system is referred, not to mention the research of standardization about the administrative private behavior in the height of constitution. In practice, considering the theory of the traditional administrative lawsuit scope and maintaining the autonomy of private law,the administrative private behavior are often not involved in the proceedings of the administrative litigation. But the civil lawsuit conflicts with the administrative private behavior in the aspect of system, so it is difficult for the civil lawsuit to supply better saving means, then it drops into a dilemma that the civil rights and the public benefit both can not been maintained. In contrast, in Germany, US, and Chinese Taiwan are abundant in the research about the Constitution standardization of administrative private behavior. Also some other theories appeared, such as the Germanic basic constitutional rights norms to the third person effect theory, American theory of the state's behavior and the theory of the of similar state's behavior, Chinese Taiwan's theory about the national treasury behavior. All these theoretical research offered great help for the trial practice.On the basis of the reference to the theory of Germany, Chinese Taiwan and other countries, in this paper, for the nature of administrative private law and the effectiveness of constitutional articles and many other issues, the author put forward the opinion that the basic constitutional rights norms should comprehensively, multi-levelly and directly regulate the administrative private behavior. And hope by the fulfillment of this viewpoint it can help lead the privatization of administrative tasks and administrative private activities to the healthy road, and put the basic people's rights to perfect operation and protection.
Keywords/Search Tags:administrative private behavior, basic rights, constitutional control
PDF Full Text Request
Related items